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HomeMy WebLinkAbout11-02-2021 Minutes MINUTES REGULAR CITY COMMISSION MEETING NOVEMBER 2, 2021 CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Brinson,Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:17 PM OYC Member Ashley Clarke briefly shared that the OYC created a fun and informational video to help educate Ocoee residents on the requirements for yard waste pick-up, and then shared the video. OYC Mentor Larry Szrom explained that the students produced the entire video on their own. He then provided a brief timeline and a summary of the work that went into production of the video. (Heard out of agenda order at 6:45 pm) Proclamation for Day of Remembrance—November 2,2021, read and proclaimed by Mayor Johnson. STAFF REPORTS AND AGENDA REVIEW-None COMMENTS FROM CITIZENS/PUBLIC - 6:23 PM Commissioner Oliver made a point of order to add the Day of Remembrance proclamation. Mayor Johnson addressed his request. The following persons addressed the City Commission: - Keith Tower, High Point Church, and Ross Middleton, HRDB Board Member, explained the event details for Sunday, November 7th, and announced the Board was requesting an additional $7,500 to cover the cost associated with Sunday's event. Commissioner Wilsen inquired if this amount was in addition to the $15,000 previously approved. Mayor Johnson answered in the affirmative. Commissioner Oliver shared concerns on not being informed of the additional cost,given he is the HRDB's Commission Liaison. He further shared that the Board's Staff Liaison indicated only an additional $1,500 was required. Motion: Move to approve $7,500 from Contingency Funds for the November 7th Event being hosted by High Point Church. Moved by Mayor Johnson. Motion died for lack of a second. Regular City Commission Meeting November 2, 2021 Commissioner Oliver asked for clarification on the requested amount. Mr. Tower addressed his concerns. Motion: Move to approve $7,500 from Contingency Funds for the November 7th Event being hosted by High Point Church. Moved by Commissioner Oliver, seconded by Mayor Johnson: Motion carried 5-0 Commissioner Wilsen expressed a desire to have future event details be presented in their entirety, in an effort to avoid costly last-minute budget concerns. She further recommended planning the event sooner. Commissioner Oliver addressed her concern. - Renata Ramos, Ocoee Business Owner, announced Bike Life Café located on McKey Street in downtown Ocoee. She provided the Commission with menus, and encouraged all to stop by and visit. She further announced that she would like to see the Ocoee • Farmer's Market return in an effort to help promote and rejuvenate the downtown corridor. Mayor Johnson suggested that she reach out to other business owners and create an event. - Jim Moyer, Ocoee Resident/American Legion Post 109 Member, provided an update on the upcoming Pearl Harbor Anniversary event, and requested assistance from the Commission to support a membership drive for American Legion Post 109.He challenged each Elected Official to promote the Legion throughout the community, and provided 10 applications to each of them. He further requested that the Legion's information be posted on the City's website, displayed in the vestibule, and placed in the Ocoee Welcome Packet. Commissioner Oliver inquired about being a member of more than one Post. Mr. Moyer addressed his inquiry. Mayor Johnson read the Day of Remembrance — November 2, 2021, Proclamation and announced the following: 1) The highly anticipated re-opening of Fullers Cross Road. 2) Shared Orange County mailed out Tax Bill Notices last week, and praised the Commission and Staff for reducing the millage rate for the last 6 years. He thanked everyone involved for their hard work and dedication. CONSENT AGENDA- 6:45 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#8. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular City. Commission Meeting held October 19, 2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2IPage Regular City Commission Meeting November 2, 2021 2. Approval to Accept the American Rescue Plan Grant. (City Manager Frank) The American Rescue Plan Act (ARPA) provides significant funding to States and Local Governments to address the economic and health consequences of the pandemic.The City of Ocoee is a non-entitlement local government eligible to receive funds distributed through the State of Florida. The City will receive $24,172,699 from the ARPA in the form of a federal grant. The City Commission must formally accept the grant funds. The use of grant funds is restricted as allowed by federal requirements; therefore, Finance will create a separate fund to account for the transactions of the funds from the ARPA. Approved on Consent. Motion carried 5-0. 3. Approval of the Large Scale Final Site Plan (FSP) for Lake Lilly Apartments. (Development Services Director Rumer) The City of Ocoee and Heller Brothers Groves executed a Development Agreement on October 6,2020,which permitted multi-family residential as a permitted use in a mixed-use development.The Lake Lilly Apartments development is proposing 410 luxury multi-family residential dwellings units on approximately 16.56 acres. The development will consist of six(6)phases:Phase 1:30 units(Townhome Buildings 1 and 2);Phase 2:45 units (43 units in Building 1 and 2 units in Carriage 1) as well as clubhouse and other amenities;Phases 3,4 & 5: 191 units(Buildings 2, 3, and 4);Phase 6: 144 units(139 units in Building 5 and 4 units in Carriages 2 and 3)Buildings 1 through 5 will be four(4)stories,and the townhome-style buildings and carriage buildings will be three (3) stories. The main access/entrance will be off of Old Winter Garden Road, and the second access point will be off of Professional Center Blvd. Utilities will be extended to the site from the north. Stormwater will be held in an existing permitted Master Stormwater pond. Approved on Consent. Motion carried 5-0. 4. Approval of the Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. (Police Chief Plasencia) This year$6,374.09 has been made available for the Police Department through Florida's Bicycle Pedestrian Focused Initiative: Communication and HVE Grant. The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. Orange County is a priority county due to the number of serious injuries and deaths of pedestrians and bicyclists. If approved, the Police Department will receive $6,374.09 to conduct high visibility education and enforcement on specific areas of W. Colonial Dr and Silver Star Rd to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. Approved on Consent. Motion carried 5-0. 5. Approval to Piggyback the National Cooperative Purchasing Alliance (NCPA) Contract for Demolition and Reconstruction of Tiger Minor Tennis Courts by The Nidy Sports Construction Company,Inc. (Parks and Recreation Director Johnson) As part of Capital Improvements for Tiger Minor Park, the Parks and Recreation Department has budgeted $170,000 for FY 21/22. They are proposing to demolish the existing tennis courts and reconstruct them into tennis/pickleball courts. Staff is requesting permission to piggyback the NCPA Contract for the demolition and reconstruction of Tiger Minor Tennis Courts by The Nidy Sports Construction Company for these services. The Nidy Sports Construction Company has submitted a proposal to demolish and reconstruct the existing tennis courts in accordance to the plans,with unit pricing,in the amount of$167,685.00. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission Meeting November 2, 2021 6. Approval to Piggyback the City of Orlando BaWield Maintenance Contract for Install of New Sod by Lake Jem Farms, Inc. (Parks and Recreation Director Johnson) As part of Capital Improvements for the Jim Beech Recreation Center soccer fields,the Parks and Recreation Department has budgeted$200,000.00.The Parks and Recreation Department is proposing to install new sod for the creation of more soccer fields. Staff is requesting permission to piggyback off the City of Orlando Ballfield Maintenance Contract IFB18-0175 for installation of the new sod by Lake Jem Farms,Inc.,for these services. Lake Jem Farms, Inc., has submitted a proposal to supply and install the new sod in accordance to the plans,with unit pricing, in the amount of$132,375.00,based upon the aforementioned contract. Approved on Consent. Motion carried 5-0. 7. Approval of the 2021-2022 Budget Vehicle and Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles through various competitively bid annual contracts. Public Works has researched pricing and has found the Florida Sheriffs Association and the State of Florida contracts continue to provide the lowest competitively bid pricing for vehicles utilizing competitively bid contracts. Public Works recommends approval to purchase the fiscal year 2021-2022 budgeted vehicles based on published pricing for the 2021/2022 term contracts from the Florida Sheriffs Association and the State of Florida. Approved on Consent. Motion carried 5-0. 8. Approval to Renew Microsoft Enterprise License Agreement. (Support Services Director Butler) On October 16, 2018, the City Conunission approved a three-year Enterprise Agreement with Microsoft through SRL The term of that agreement is set to expire. The City has the option to update the agreement for another three years at the cost of$57,475.43 per year,at our current equipment level.The Microsoft platform and related software is used by the entire City for communication,printing,electronic storage,remote access, systems management,and virtualization.The renewal of this agreement maintains the City's Microsoft server licenses, including Microsoft Exchange, which hosts the City's email accounts, and SQL server,which is the database management system for many of the City's enterprise applications. Approved on Consent. Motion carried 5-0. FIRST READING OF ORDINANCE —6:46 PM 9. First Reading of Ordinance for LDC Amendment to Chapter 180, Articles II and V - Mobile Food Dispensing Vehicles House Bill 1193. (Second Reading and Public Hearing scheduled for November 16, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) House Bill 1193,which was signed into law on June 29,2021, and which became effective as of July 1,2021, amended Section 509.102,Florida Statutes(F.S.),to preempt the regulation of licenses,registration,permits, and fees relative to mobile food dispensing vehicles (MFDV) (i.e. food trucks) to the State. The LDC in Section 5-8.B(4), currently prohibits in all zoning districts "the use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without a special permission of the City Commission." Since issuance of licenses, permits and fees are preempted to the State and since MFDVs must be allowed somewhere,within the City, staff recommends creating them as an accessory use/structure and allowing them within the commercial and industrial zoning districts. City Attorney Cookson read the title of the Ordinance. 41 Page Regular City Commission Meeting November 2, 2021 Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on November 16, 2021, at 6:15 PM or soon thereafter. 10. First Reading of Ordinance for LDC Amendment to Chapter 180, Articles II and V- Home Base Businesses House Bill 403. (Second Reading and Public Hearing scheduled for November 16, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) House Bill 403,which was signed into law on June 29,2021 and which became effective as of July 1,2021, amended Section 559.955, Florida Statutes (F.S.), to restrict local governments from enacting or enforcing any ordinance,regulation,or policy or take any action to license or otherwise regulate a home-based business, except in accordance with Section 559.955,F.S.Home based business regulations currently existing in Section 2-4(154),Article II as a definition and in Section 5-17,Article V, as development standards. Staffs specific recommendations are provided in the draft ordinance. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on November 16, 2021, at 6:15 PM or soon thereafter. 11. First Reading of Ordinance for the Comprehensive Plan Amendment(CPA)to Update Capital Improvements Element (CIE) and Five-Year Schedule of. Capital Improvements. (Second Reading and Public Hearing scheduled for November 16, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) Section 163.3177(3)(a), F.S., requires that each local government Comprehensive Plan contain a Capital Improvements Element(CIE)designed to consider the need for,prioritization and location of public facilities in order to encourage the efficient use of such facilities as development occurs within the city. The CIE is required to include a Schedule of Capital Improvements (Schedule) incorporating publicly and privately funded projects necessary to ensure that the adopted level of service standards are achieved and maintained. The Schedule shall cover at least a 5-year period. Section 163.3177(3)(b), F.S.,requires that the City review, modify and update the Schedule and Capital Improvements Element on an annual basis. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on November 16, 2021, at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE—PUBLIC HEARING - 6:47 PM 12. Second Reading of Ordinance for Aplausos LLC at 113 W. Oakland Avenue— Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Commercial; Project No(s). CPA-2021-005 & RZ-21-08-28. (Advertised in the West Orange Times on Thursday, October 21, 2021) (Zoning Manager Whitfield) The First Reading was held on Tuesday, October 5,2021.The subject property is approximately 0.29 acres in size and is located at 113 West Oakland Avenue on the north side of West Oakland Avenue, approximately 150 feet west of North Cumberland Avenue.It is within the City's Downtown Redevelopment Area Overlay. The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment(CPA) to convert the property from Low-Density Residential(LDR)to Commercial(COMM)and a corresponding rezoning of the 5IPage Regular City Commission Meeting November 2, 2021 property from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning classification in order to allow for the development of commercial, office and a variety of residential uses or mixed land uses.The proposed CPA and rezoning would allow for the opportunity for commercial,residential, live/work, and mixed uses to help stimulate economic activity near the City's downtown core and, as such, are consistent with and support the goals of the City's Downtown Redevelopment Area Overlay.The proposed map amendment and rezoning are not anticipated to have adverse impacts on existing or planned public infrastructure. Therefore,staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. a) Small Scale Comprehensive Plan Amendment b) Rezoning Zoning Manager Whitfield explained the proposed small-scale comprehensive plan amendment and rezoning ordinance for the property located at 113 W. Oakland Avenue. The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment (CPA) to convert the property from Low-Density Residential (LDR) to Commercial (COMM) and a corresponding rezoning of the property from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning classification in order to allow for the development of commercial, office, and a variety of residential uses, or mixed land uses. The proposed map amendment and rezoning are not anticipated to have adverse impacts on existing,or planned,public infrastructure. Therefore, staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. City Attorney Cookson read the title of the ordinances. The public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2021-055 for Aplausos LLC at 113 W. Oakland Avenue - Small Scale Comprehensive Plan Future Land Use Map Amendment; Project No. CPA-2021-005; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. Motion: Move to adopt Ordinance No. 2021-056 for Aplausos LLC at 113 W. Oakland Avenue - Rezoning to Commercial; Project No. RZ-21-08-28; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. 13. Second Reading of Ordinance for Arya Offices at 868 Roberson Road Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Professional Offices and Services District; Project No(s). CPA-2021-003 & RZ-21-07-27. (Advertised in the West Orange Times on Thursday, October 21, 2021) (Zoning Manager Whitfield) The subject property is located on the north side of Roberson Road approximately 627 feet east of the Tomyn Boulevard(Windermere Road) and Roberson Road round-about. The property is approximately 10.47 acres in size,of which approximately 2.45 acres are designated as wetlands/flood zones, 1.94 acres is the subject of this proposed amendment and rezoning,and the remainder has been previously approved for a four-story 203,000 square foot, 142-unit Independent Living Facility(ILF). The property has two (2)Future Land Use designations: Low-Density Residential, which makes up the majority of the site, and Conservation/Floodplains. The proposed small-scale future land use map amendment is to change an approximately 1.94-acre portion in the southwest portion of the property from Low Density Residential(LDR) Wage Regular City Commission Meeting November 2, 2021 to Professional Offices and Services(P-S),and the proposed rezoning is to convert that 1.94-acre portion from R-1AA(Single-Family Dwelling District)to P-S(Professional Offices and Services District)in order to allow for the development of medical office buildings. a) Small Scale Comprehensive Plan Amendment b) Rezoning Zoning Manager Whitfield explained the proposed small-scale comprehensive plan amendment and rezoning ordinance for the property located at 868 Roberson Road.The proposed small-scale future land use map amendment is to change an approximately 1.94-acre portion in the southwest portion of the property from Low Density Residential(LDR)to Professional Offices and Services (P-S), and the proposed rezoning is to convert the 1.94-acre portion from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) in order to allow for the development of medical office buildings. Staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. City Attorney Cookson read the title of the ordinances. The public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2021-060 for Arya Offices at 868 Roberson Road - Small Scale Comprehensive Plan . Future Land Use Map Amendment; Project No. CPA-2021-003; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimously. Motion: Move to adopt Ordinance No. 2021-061 Arya Offices at 868 Roberson Road - Rezoning to Professional Offices and Services District; Project No. RZ-21- 07-27; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried unanimously. PUBLIC HEARING - 6:57 PM 14. Variance Request for Cataldo at 1910 Shari Lynn Terrace; Project No: VR-21-04. (Advertised in the West Orange Times on Thursday, October 21, 2021) (Zoning Manager Whitfield) The applicant, Salvatore Cataldo, is requesting approval of one(1)variance from Section 5-6B as follows: Minimum rear building setback reduction from 25 feet to 10 feet to allow for the conversion of an existing shed into an accessory structure for the housing of persons.The subject property is located at 1910 Shari Lynn Terrace and is within the R-1 Single Family Dwelling zoning district.Per Table 5-2 of the Land Development Code (LDC). Section 5-6B states that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. The required minimum rear yard setback is 25 feet, and the existing accessory structure that is proposed to be converted to an accessory dwelling is approximately 10.5 feet from the rear property line. Therefore, the applicant is requesting a rear setback reduction from the minimum 25 feet to 10 feet. Zoning Manager Whitfield explained the proposed variance, and how the variance request met the required criteria for the property located at 1910 Shari Lynn Terrace. The applicant, Salvatore Cataldo, is requesting approval of one (1)variance from Section 5-6B as follows: Minimum rear Regular City Commission Meeting November 2, 2021 building setback reduction from 25 feet to 10 feet to allow for the conversion of an existing shed into an accessory structure for the housing of persons. The public hearing was opened. Lauren Grimm,Representative for the applicant,shared she is available to address any questions from the City Commission. Commissioner Brinson inquired if the structure being proposed is a permanent structure, and asked for confirmation that it is not being moved closer to the primary dwelling. Ms. Grimm answered in the affirmative, and shared the exterior of the existing structure, to include size, is not being changed. The changes being completed will be interior alterations. Commissioner.Wilsen shared concerns on the setback, building height, and higher density impact on the single-family residence by adding another dwelling onto the property. Ms. Grimm addressed her questions, and shared the structure is not planned to be rented out, but is intended for use by visiting family members. Development Services Director Rumer explained the code provisions that allow guest cottages. Mayor Johnson inquired if the driveway could be improved to accommodate the additional dwelling. Development Services Director Rumer explained the impervious requirements, and shared there is opportunity to require this type of condition. Commissioner Wilsen voiced she is not in favor of the requested setback as well as other factors. Commissioner Oliver confirmed with Ms. Grimm that the setback, height, and structure is remaining the same.Ms. Grimm answered in the affirmative,and explained the proposed interior construction. Brief discussion ensued on setback calculations and change of structure use. Commissioner Brinson asked, if the minimum parking requirement of the current residence allows two vehicles, would the conversion of the structure change the parking requirement. Further discussion ensued. Commissioner Firstner shared he does not have an issue with the variance request, but after hearing the discussion agreed there should be ample parking required for additional residents. The public hearing was closed. Motion: Move to approve the Variance request for Cataldo at 1910 Shari Lynn Terrace, Project No: VR-21-04; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 4-1 with Commissioner Wilsen opposing. Commissioner Wilsen shared her reasons for her dissent on the variance. REGULAR AGENDA -None 81Page Regular City Commission Meeting November 2, 2021 COMMENTS FROM CITIZENS/PUBLIC - 7:26 PM The following persons addressed the City Commission: - Scott Kennedy, Ocoee Resident, asked for clarification on funding for the 1920 Remembrance Event,and requested items of this nature to be added to a City Commission Agenda. Mayor Johnson addressed his concern. COMMENTS FROM COMMISSIONERS - 7:29 PM Cotn*SsiOner Brinsun—Commented on the following: 1) Announced Fullers Cross Road is open again, and thanked the residents for their patience. 2) Reiterated the comment made by the Mayor on the reduced tax rate, and encouraged residents to get involved to share their opinions on how and where the City should spend its money. 3) Shared that the County has lifted the mask mandate, and asked all citizens to show empathy towards those who feel the need to continue wearing one. ComnussionerWilsen—Commented on the following: 1) Thanked the Police Department for their hard work on trying to tackle the City's speeding issues and encouraged drivers to be mindful, slow down, and drive safely. 2) Spoke about the current reduced tax rate, and encouraged residents to review their tax bills. Shared the importance of understanding exactly how the money is distributed among the different agencies. She reminded citizens of the many services the City provides given the small amount it receives,and encouraged citizens to contact their County Officials any time they feel they have an issue or concern. COntnii.S5i9L0er FirStn0—Commented on the following: 1) Announced the re-opening of Fullers Cross Road, sharing that he was very pleased with the outcome. 2) Commented on the New City Hall, and that the construction is moving along nicely. 3) Commented on the rejuvenation of the downtown corridor, and shared that he has noticed new life along McKey Street. oniMisSiOnerOliVer—Commented on the following: 1) Reiterated the comments made by Commission Wilsen on driver safety, and encouraged residents to slow down. 2) Shared that recommendations on how to slow down traffic along Hackney Prairie are forthcoming. 3) Thanked the Mayor for reading the 1920 Remembrance proclamation. 4)Addressed concerns from a resident in Wellington Park regarding reclaimed water. 5) Provided details for the 1920 Ocoee Remembrance Event including the dates, times, and locations of all planned activities. 6) Announced District 4 Town Hall Meeting date, time, and location. He encouraged residents to come out and ask questions. 7) Shared an inspirational quote. 9jPage Regular City Commission Meeting November 2,2021 Mayor Johnson—Commented on the following: 1)Encouraged residents to note the amount of school taxes paid on the tax bill,and explained that the funds go directly to the Orange County School Board. He further shared that even with the current growth the City has experienced, OCPS has not slated a new school within the community. He suggested that the City Commission direct Staff to draft a letter demanding a new school. Consensus of the City Commission was for Staff to draft a letter. 2)Announced that the 1920 Remembrance reception dinner is by invitation only, and shared that due to prior obligations he would be unable to attend. 3) Congratulated Ocoee resident Scott Kennedy for a hole-in-one. 4) Thanked Staff for always doing what is right for the City and the residents. 5) Asked for the American Legion Post 109 applications to be placed in the vestibule, and for a flyer to be displayed on the front doors. ADJOURNMENT—7:46 PM APPROVED: Attest: City of Ocoee #11) elanie Sibbitt, City Clerk Rusty John'On ayor 101Page